Having a baby should be nothing short of a joyous occasion, but unfortunately, this isn’t the case for all families. According to the Centers for Disease Control and Prevention, one in 33 babies born in the U.S. each year is affected by a birth defect. While some of these might be the result of genetics or random chance, others could develop due to the negligence of another party. Under these circumstances, parents might consider filing a lawsuit against the person or organization responsible. These types of claims are complicated by nature, but the attorneys at Egan & Richgels, S.C. in La Crosse, WI, have successfully helped numerous clients recover the damages they’re entitled to on behalf of their child. Here, they provide a little knowledge that can prove helpful when pursuing compensation for a birth defect.

What Are the Common Causes of Birth Defects?

There are a number of factors that can contribute to a birth defect, but lawsuits are often linked to medical malpractice, doctor-prescribed medications, defective products, and wrongful exposure to chemicals. If a health care professional provides substandard care during pregnancy or birth or mistakenly prescribes a patient the wrong medication and it leads to a defect, they might be found to have acted negligently. When poorly manufactured drugs or a defective medical device cause a birth defect, there is a possibility of suing the designer, manufacturer, or distributor. Unlawful chemical exposure can happen at home or work and involve a mother coming into contact with pesticides, heavy metals, lead paint, and other toxic materials, increasing the chance of experiencing a birth defect.  

How Do You Know if a Case Is Valid?    

Similar to other types of cases that fall under personal injury law, a birth defect claim must be able to show a few specific elements before it can be validated. Without an attorney, it can be difficult for parents to know if they have a credible lawsuit worth filing. First, it must be proven that the defendant had a duty of care to keep the plaintiff and their baby out of harm’s way. Next, a claim will need to be supported by evidence that the duty of care was breached and those actions directly led to the birth defect. Lastly, plaintiffs will have to explain the damages they’ve incurred because of the defect. 

If your child was born with a defect or injured during birth and you believe someone should be held accountable, it’s imperative to consult an attorney to discuss your legal options. The professionals at Egan & Richgels, S.C. will thoroughly evaluate your claim to determine if you are eligible to receive compensation. Call (608) 784-0087 today to schedule a consultation, or visit their website to learn more about how they can help your case.